Should a person be found guilty of this offense, they will be criminally charged with a third-degree felony and will find themselves facing penalties that are as severe as such. For this reason, it is highly encouraged that you do not hesitate to get the involvement of a Orlando criminal defense attorney from Katz & Phillips to help you defend your legal rights.
Unfortunately, domestic violence allegations can be false. Perhaps an ex-spouse is attempting to gain the upper hand in a family law case or perhaps they are simply angry – regardless, should they proceed to make a false allegation, you can trust that we will do everything that we can to combat the charges and to help you protect your legal rights as surely as possible.
Another common defense that can be utilized in cases such as this is that you were not imprisoning the child, but rather were disciplining them. As a parent, you have the right to discipline your child – you have the ability and the right to do such things as putting them in a “time out.” Just because they were being detained in their room does not mean you are guilty of a criminal offense.
In the state of Florida, those who are allegedly victimized by domestic violence are able to seek what is known as an injunction – this is commonly referred to as a protective order or a restraining order. In this state, there are currently four different restraining orders that can be sought; these include:
Emergency Protective Order (EPO) – This can be sought by those who have been victimized by domestic violence victims. It is only valid for five days after being obtained.
Domestic Violence Temporary Restraining Order (TRO) – Initially, this restraining order lasts for three weeks, however, it can be made permanent for up to three years.
Criminal Protective Order (No Contact Order) – This is the restraining order which can be obtained by going through the District Attorney’s office.
There is also what is known as the Civil Harassment Restraining Order (CHO) although this is used more for those who are being harassed by acquaintances – not those being actively abused.
According to §741.31 of Florida Statutes, the following are ways in which a defendant can willfully violate a restraining order:
Violating an injunction for a protection order is considered a first-degree misdemeanor by the court. If you have been criminally charged, it is highly important that you realize just how much is at stake. You simply cannot afford to be flippant with your future – you need aggressive defense from a knowledgeable Orlando criminal defense lawyer as soon as possible.
Florida law defines stalking as the willful, malicious and repeated procedure in which a person “monitors” another person. These acts include:
These are considered first degree misdemeanors. This, however, is not where the law ends.
In fact, it is also considered to be a criminal offense for a person to stalk a person’s child, sibling, spouse or parent or to cause the alleged victim with the fear that serious injury and / or death is imminent. This is considered to be a third-degree felony.
There are several defenses that can be utilized to your benefit by an experienced lawyer. For example, we could argue that the criminal accusations aren’t credible – that your behavior would not have caused a reasonable person fear. Similarly, we can argue that the activity that you were participating in was protected by the Constitution; for example, it could be argued that you were protecting and exercising your legal rights.
Regardless, if you find yourself facing criminal charges of this nature, it is highly important that you do not hesitate to get the involvement of a knowledgeable lawyer that you can trust. At our firm, we are proud to be client-focused and results-driven – meaning that in everything that we do, we put your needs and your best interests first and foremost.
Should you choose to work with our firm, you will be able to rest assured knowing that you will have an experienced advocate on your side that is fully prepared to go the distance in their efforts to defend their legal rights.
To schedule your initial case evaluation, please do not hesitate to contact an Orlando domestic violence defense attorney from Katz & Phillips.